Legal Question in Personal Injury in California

civil rights and police misconduct

I was arrested when an officer made a mistake in thinking a van's registration sticker was stolen. The van was not mine, I've never driven it, but knew the owner. The sticker was its last registered sticker 2002 the current 2007 sticker was the same color. If he had only looked closer before the tow trucker came and said he couldn't legally tow it off private property. I had my child with me and no one to come get her as I went to jail. In court the judge dismissed the charge mainly because it wasn't owned by me, but also because he took my word or the officer updated the facts being the sticker was not stolen. My child was abused in fostercare severely, and no they did not give her back I am fighting for her still. Do I have any chance filing against the officer for his mistake and what has happened because of it?I have pictures and documentation of my child's abuse in foster care. I am considering civil suit against cps and or this officer.

Asked on 7/23/08, 4:47 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: civil rights and police misconduct

I'm so sorry to hear about your ordeal.

I don't think such a lawsuit would stand much of a chance. For one thing, the officer is not to blame for the abuse your daughter suffered. The people who abused her are. Even if the officer's mistake was unreasonable, the deliberate actions of the abusers are the cause of the injuries.

The difficulties you are having in regaining custody of your daughter are even less likely to be the officer's fault. I don't know what the reasons actually are, but the arrest you describe can't plausibly be why you are being denied custody. The authorities must have some other reason. Even if their reason is incorrect, their error is not the officer's error.

I'm sorry I can't be more encouraging.

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Answered on 8/06/08, 8:36 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: civil rights and police misconduct

In general, you will find it very difficult to win against CPS or the officer.

You can always sue, but I would see an attorney first.

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Answered on 7/25/08, 4:52 am

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